FindLaw | For the Public | For Small Business | For Legal Professionals | Find a Lawyer
   

Find A Lawyer

Select type of practice:

Enter City or Zip:

Browse Lawyers by State

Browse by Type of Practice

Submit Your Legal Issue

Search

Enter Search Term:

Message Boards

Select a Board:

Featured Attorneys
Appleton, Blady & Magnanimo, LLP
Los Angeles - Leading Los Angeles Employment Law Attorneys (310) 474-7022
The Bononi Law Group
Los Angeles, CA - Leaders in Employment Law - Sexual Harassment, Discrimination, Wrongful Termination. (800) 641-5548
Avila & Shaddow Attorney at Law
Woodland Hills, CA - Handling Wrongful Termination, Sexual Harassment, Breach of Contract. Call (866) 450-4LAW

Preparing for an Unemployment Hearing

Once you file for unemployment insurance benefits and learn the employer is contesting your claim, it is your responsibility to follow the progress of the case carefully.

Tip: Consider whether you require representation by experienced counsel at the hearing (especially if you are considering suing the employer in court over other issues and do not wish to lose the first battle). If you are anticipating receiving the maximum benefits allowed (which in some states can exceed $325 per week) and expect to be unable to find gainful employment for a long period of time (e.g., six months), it may be advantageous to hire a lawyer when the amount of money being contested is significant.

Many people do not know how to act at unemployment hearings. Claimants are often told by unemployment personnel that a lawyer or other representative is not required and that prehearing preparation is unnecessary. They then attend the hearing and are surprised to learn that the employer is represented by counsel who has brought witnesses to testify against their version of the facts. Some are unprepared for the grueling, possibly humiliating cross-examination lasting several hours that they are subjected to. Other claimants lose at the hearing because they don't understand the purpose of their testimony or what they must prove to receive benefits.

Plan on being able to attend the hearing on the date in question. If you cannot be present, speak to a representative responsible for scheduling, explain your reasons, and ask for another convenient date. This should preferably be done in person. Include future dates when you know you can appear. Call that individual the day before the old hearing date to confirm that your request has been granted.

An unemployment hearing is often no different from a trial. Witnesses must testify under oath. Documents, including personnel information, warnings, and performance appraisals, are submitted as exhibits. The atmosphere is rarely friendly. Thus, you must prepare in advance what you will say, how you will handle tough questions from the employer, and what you will try to prove to win the case.


Page 1 of 3 Next Page

Copyright 1998 Steven M. Sack

Featured Attorneys
The Schlehr Law Firm P.C.
Universal City, CA - Harvard Attorney Helping Women Achieve Success! Pregnancy/Sex Discrimination; Sexual Harassment. (310) 492-5757
The Rubin Law Corporation
Beverly Hills, CA - EXPERIENCED ATTORNEYS-DISCRIMINATION-SEXUAL HARASSMENT-WRONGFUL TERMINATION-CONTRACTS-WHISTLE BLOWER-310.385.0777
Attorneys in Your Area
Sponsored Services
Choose Top Employment Attorneys Near You with LegalConnection.
A better way to find your attorney.
More Sponsored Services

Wills, Divorce, Incorporation & More - Legalzoom: Fast and friendly legal document service from LegalZoom, the #1 online legal document service.


USLegalForms.com - Largest Selection of Legal Forms on The Internet: Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.